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IP policy yet to be finalised

Trade and Industry Minister Dr Rob Davies

Trade and Industry Minister Dr Rob Davies

19th March 2018

By: Marleny Arnoldi

Deputy Editor Online

     

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The Department of Trade and Industry (DTI) is still finalising its Intellectual Property (IP) policy, before submitting it to Cabinet for approval.

DTI International Trade and Economic Development division director Marumo Nkomo on Monday said the IP policy ensures intra-governmental coordination on IP and that it creates a balance between owner and user interests and stimulates innovation.

The DTI creates and implements IP policy and initiatives to accelerate innovation, technology commercialisation and a knowledge-based economy.

“Technology commercialisation is critical in supporting industrialisation and diversifying our economy through the creation of new industries,” Trade and Industry Minister Dr Rob Davies said at a colloquium, which covered key areas of IP development and protection, acquisition, exploitation and management, on Monday.

He stated that IP that stays on the shelf, without making its way into the market, has zero value for small companies and the South African economy, and that the DTI, in collaboration with its implementation arm, the Companies and Intellectual Property Commission (CIPC), therefore, provides platforms to the IP and technology commercialisation industry to exchange ideas and experiences in addressing the challenges inhibiting successful commercialisation.

On average, South Africa approves 9 000 patent applications and 2 000 design applications a year.

Of those, 10% comprise local applications (first filings), about 75% are national phase or foreign applications (second filings that are initially filed in other countries) and about 15% are patent applications originating from South Africa, but that are filed abroad.

“South Africa is moving away from just providing IP legislation (a depository system where patent applications are only checked against certain formality requirements) and is focusing more on substantial examination (examining against criteria for patentability), and thereby strengthening government’s role in stimulating innovation,” CIPC innovation and creativity promotion executive manager Nomonde Maimela said.

Maimela pointed out that the CIPC is preparing to introduce the substantive search and examination (SSE) of patent applications to enhance the quality of patents granted in terms of validity and compliance with all the criteria for patentability, including whether it is a novel concept, inventive and capable of industrial application. Twenty candidates with technical background in sciences and engineering were recruited in 2015 and have gone through an extensive two year training programme on the SSE of patents.

Additionally, IP rights for probable innovation considers whether the concept has a receptive market, proper environment dynamics (the right skills and people involved to realise the idea), technical feasibility and whether it has a competitive advantage.

Moreover, Maimela highlighted that South Africa is among five countries in the world to have implemented an investor assistance programme, where patent lawyers in South Africa are willing to take on small businesses and assist them with patent applications.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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